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Borrowing case: the bank lazy to exercise the right guarantor exemption
September 2, 2008, had a bank with Taihe County, signed a "short-term loan contract", the contract agreed: Zeng students to the bank loan 30,000 yuan, the monthly interest rate of 8.40375 ‰, the loan period of two months. On the same day, the defendant Xiao Yuan in the "consent to the letter of intent" on the signature, voluntarily as a guarantor of the borrower, the borrowing principal and interest and other relevant provisions of the law bear joint and several liability.
After the signing of the contract, a bank in Taihe County, according to about to pay a loan of 30,000 yuan. After the expiration of the loan, had only returned the principal 5,000 yuan and part of the interest, interest settled to April 1, 2012. Banks have repeatedly borrowed from Zengsheng, had been born has not returned the remaining principal of 25,000 yuan and the corresponding interest, the bank sued the court, asked to have repaid the principal amount of 25,000 yuan and the corresponding interest; Xiao Yuan on the money Bear joint liability. (The characters are a pseudonym)
settle a lawsuit
The court held that the Taihe County, a bank and Zeng Sheng, Xiao Yuan between the loan contract relationship to ensure that the contract is established according to law, legal and effective. The bank requires the defendant to repay the principal amount of 25,000 yuan and the corresponding interest in the petition, the submitted loan contracts, loan vouchers, reminders and other evidence can be confirmed, should be supported. Xiao Yuan in the "Consent to ensure that the letter of intent" on the signature, indicating that the voluntary bid for the defendant had a joint liability to ensure that this does not violate the provisions of the law, which should bear the corresponding guarantee responsibility. Because the letter of intent does not stipulate the guarantee period, according to the law, as the creditor of the plaintiff Taihe County, a bank has the right to fulfill their own debt within six months from the date of the guarantor to assume the guarantor. The bank's loan expiry date is November 1, 2008, the bank should be May 1, 2009 before the guarantor Xiao Yuan bear the guarantee responsibility, because the bank did not require the guarantor within the time to assume the guarantee responsibility, so the guarantor to avoid the guarantee responsibility, So the bank asked the defendant Xiao Yuan bear the liability for joint and several liability, the evidence submitted can not be confirmed, not support.
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